THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + CRIMINAL PETITION No.1343 OF 2021 % Dated 18.09.2025 # Grandhe Developers Pvt. Ltd., Rep. by G. Madhusudhan Rao and two others ….Petitioners VERSUS $ The State of Telangana Rep. by its Public Prosecutor High Court at Hyderabad and another … Respondents ! Counsel for Petitioners : Mr.T. Chandra Sehkhar ^ Counsel for Respondents : Mr. Gaddam Srinivas (R.2)

Mr. M. Vevekananda Reddy Assistant Public Prosecutor (R.1)

< GIST:

> HEAD NOTE:

? CITATIONS:

1. (2023) 3 SCC 423

2. 2025 SCC OnLine SC 1948 3. 2025 (2) ALD (Crl.) 616 (SC)

4. (2015) 6 SCC 287

5. 2006 (2) ALD (Crl.) 447

6. (1989) 2 SCC 132 7. (2003) 4 SCC 139

8. (2020) 14 SCC 552

9. (2015) 3 SCC 424

10. (2019) 14 SCC 350 11. (2019) 20 SCC 539 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 1343 of 2021

ORDER:

This Criminal Petition has been filed under Section

482 of the Code of Criminal Procedure, 1973, by the petitioners/accused Nos.1 to 3 seeking to quash the proceedings in C.C.No.17248 of 2019 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code, 1860 (for short, ‘the IPC’) by setting aside the orders, dated 19.02.2020, in Crl.R.P.No.259 of 2019passed by the learned I Additional Metropolitan Sessions Judge, Hyderabad.

2. Brief facts of the case:

2.1. Respondent No.2/de facto complainant filed a private complaint on 13.04.2017 on the file of the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, stating that petitioner No.1, Grandhe Developers Private Limited, being represented by its Directors, i.e., petitioner Nos. 2 and 3, entered into an agreement of sale with him on 12.03.2013 for the sale of open plots for a total sale consideration of Rs.1,70,00,000/-. At the time of the agreement, an amount of Rs.91,55,000/- was paid as advance and the agreement was reduced into writing at the Registrar Office of the company situated at Narayanaguda, Hyderabad. Subsequently, he paid further amount of Rs.7,00,000/- on 13.03.2013, Rs.10,00,000/- on 15.03.2013 and Rs.5,45,000/- on 03.04.2013, totalling Rs. 22,45,000/- through RTGS to petitioner No.2. As per the terms of the agreement, the balance amount of Rs.73,45,000/- was to be paid within eight months and the final balance amount of Rs.5,00,000/- was to be paid at the time of registration of the plots. On the instructions of petitioner Nos.2 and 3, he transferred the balance consideration directly to the accounts of accused Nos.4 to 11, who were described as sleeping partners of the company. Despite receiving the entire sale consideration, petitioner Nos. 2 and 3 failed to perform their part of the contract and on one pretext or another, deliberately postponed the registration of the plots and they misrepresented him that the plots were falling under FTL and that they were in the process of getting the land cleared by the Revenue Authorities. Believing their assurance, he waited for several months. However, to his utter surprise, he subsequently realized that the petitioners and other accused persons had cheated him with a dishonest intention from the inception. Having been vexed with their evasive conduct, he issued a legal notice to the petitioner and accused Nos.4 to 11. Accused Nos.6, 7, 9 and 11 were received the notices and the notices in respect of remaining accused were returned un-served. In spite of service of the legal notice, the petitioners and accused Nos.4 to 11 did not come forward to execute the registered sale deed in his favour. Left with no alternative, he approached the Hon’ble Court and lodged the present complaint against the petitioner and accused Nos.4 to 11 and the same was referred to the Central Crime Station, Hyderabad. Pursuant to the same, Crime No.98 of 2017 was registered. The Investigating Officer after conducting investigation filed a final report on 28.05.2018 referred the matter as ‘false’. Thereafter, respondent No.2 filed